The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-07-23
THE LIDEI SuIT.
Pratt VS.. Atl,in.on--verdict of Aequista

Court yesterday afternoon, DeloIe
Judge Preston and the following jury;
A. ]. Cartwright, W. E. II. Deverill,
l.. Way, r. J. King, II. Davis, G. c.
Suatemeyer, II. Gum, S Roth, E. ID
Tenney c. J. Fishel, W. c. Peacock,
and II. w. Morse Counsel for the
Crown we're +. NJ. Hatch, P. Neu-
mann and Whiting & Creighton, while
S. B. Dole appeared for the defendant.
Mr. Whiting opened the case for the
Crown, beginning with statement Of
the charge. The prosecution should
endeavor to show that this was a very
damaging libel on Mr.. Pratt, and that
Mr. Atkinson was the responsible
editor of the Gazette who ccmnitted
the onense.
C. o. Berger, sworn: Identified a
copy Of the Hawaiian Gazette Extra"
saying he bought 1t at Sopers on Fri.
day, July rst; knew d PENDANT as cdi.
tor Of Gazette, but not Of the "exlra."
. II. Soper, sworn: stated he saw
copies of paper produced, which he
procured from Gaeeft office
Cross-examined: Could not iden-
tify that individual. copy, but bought
and sold papers like it.
II. M. Whitney, sworn; Was pub.
Usher OF HafOdiiaH Goseffe; paper pro.
diced was an extra issued by Goseffc
Office; defendant was editor Of Cdseffe,
having charge Of editorials; his chief
business was to write editorials and
have general supervision Of reading
matter OF the paper; occasionally arti-
cles appeared that the editor did not
see; Atkinson was editor on July Ist,
but was not at Office that day; not
aware that a contradiction Of alleged
libel appeared in the Gas,fe; p pr
was owned by company; identhed
the charter produced; he was jointly
responsible as publisher with the edi.
ter; extra was issued by direction OF
same management as issued Gazette.
Cross. examined-It was difficult to
tell under whose direction matter some.
times appeared without the editors
supervision; Atkinson was not at Office
that day until extra was issued; most OF
matter in extra, principally report OF
meeting previous day, was prepared by
Atkinson the evening before issue; the
reporter he believed, prepared the
later news in the paper; there was a
great demand fer the paper the first
while, first edition being 500; was there
from $3.50 to q o'clock that day; read
very little proof that day; did not see
alleged libel till that evening or next
morning; Mr.. Bishop came and said
something was in paper that should moi
have been, and witness should dc
something about il; then sat down and
wrote apology that was published in
the Bulletin; could not supervise mat
ter fully July Ist because Of weakness
in eyes.
Mr.. Dole questioned witness regard
ing conversation between him and his
reporter about this matter
Mr.. Neumann objected, but Courl
allowed question.
Witness Before extra was issued
told reporter he had heard OF docu
ments distracted in hack No. 80, anC
that he had better enquire about it; ;
printer asked him about word in thu
original copy OF article, but he did no
see what was in the said copy.
Mr.. Neumann asked leave to sub
nit letter written by Whitney to Mr.
Pratt.
Mr. Dole objected that it was no
evidence, Mr.. Whitney not being OIL
trial.
The Court ruled the letter out
+. S. Pratt, sworn Was Registra
Of Public Accounts since 1888; cam
to Islands first in 1850, had been
permanent resident since about 1885
did not on the goth June, or at an
time, carry away any public docu
ments to hack; did not have anypubli
documents in possession cvoering shad
jobs of the past, nor know Of any sue
public documents; the article chargin
him with stealing such documents wa
untrue in every particular; had friend
in Boston and San Francisco; a frien
on the day of publication informe
him OF article in question; bought
paper containing it and took it to otfic
of Mr., Hatch and instructed him
enter an action; did not know of paper
containing the article being sent abroa
by mail OF carried off by passengers.
Cross-examined On afternoon (
goth June, it being monthly pay da,
was notified that on account Of mas
meeting all offices were TO be CLOSED
having books TO write up he worked
his Office till about 3 o'clock, when M
Walker told him the Honolulu Riff
were about the buildings felt secure
knowledge OF building being guarde'
stayed later and then sat while O
front yeranda; heard sound OF a rus
as il a mob was about; met Simonso
an officer Of Honolulu Rifles, who to
him everything was safe, he needI